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Equality in the workplace is a multifaceted topic with more than one cut and dry definition. The equality meaning varies by employer and also comes with a legal precedent that is enforceable when employees experience discrimination in the workplace.

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It is illegal to discriminate against members of a protected class in the workplace. However, true equality has a wider meaning and ensures equality of opportunity and advancement for all.

Legal Equality Definition

The U.S. Equal Employment Opportunity Commission defines and enforces equality and discrimination in the workplace. The commission states:

....it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Their official statement clearly defines the legal lines on discrimination. The actual laws are far more in-depth and a legal court would review cases that set precedent for specific incidents and lawsuit filings.

What Does It Mean in Practice?

Essentially, equality in the workplace means that no person should experience or fear discrimination based on their gender, sex, age, race, etc. The laws are designed to open the door for complaints.. Before anti-discrimination laws, complaining about discrimination in the workplace was only likely to cause further discrimination and even termination without cause. Now, victims are entitled to have their complaints taken seriously.

Discrimination comes in two forms. Disparate treatment is a blatant form of discrimination where someone is treated less favorably because they are a member of a protected class. For example, requiring a more difficult hiring test for minorities than others is a direct form of discrimination.

Disparate impact occurs when a rules that is intended to represent everyone equally turns out not to be neutral, and causes unintentional discrimination. For example, a rule that requires job applicants to have a postgraduate degree (even though a postgraduate degree is not necessary for the job) has the unintentional effect of excluding some minority groups. A disparate impact is not intentional but some rule sets are not made to represent cultural differences and can still have discriminatory results.

Enforcing Equality in the Workplace

Acknowledging laws and actually enforcing equality are two very different concepts. For example, a young tech startup may discriminate based on age in the hiring process without directly making the process of discrimination apparent. Filing a claim against this type of discrimination is difficult.

After a business bridges the startup gap and begins rounds of hiring, a dedicated HR department is typically staffed with experts to ensure that every hiring, layoff and employee-based transaction is done within the bounds of nondiscrimination laws.

Ultimately, the Human Resources department is responsible for holding their hiring managers accountable, while acting on the behalf of the employees to create an equal and welcoming workplace. The HR department also fields complaints; is tasked with maintaining anonymity and privacy when a complaint is filed, and they must enforce warnings or take greater actions in the case of serious violations.

Voluntary Steps Toward Equality

Equality is never a cut-and-dry process, but many business owners and managers take voluntary steps to build a positive, equal workplace. This happens by acknowledging inequality in society and addressing those problems within the individual business.

That can mean examining pay discrepancies between genders in the workplace and making a simple adjustment to level the playing field. It can also mean opening lines of communication to encourage a fair process and equal voice for everyone.

Many people also take it upon themselves to start their own business. In the digital world, the barrier to entry on a bootstrapped business model is reduced. Women, minorities and any one willing to put in the effort can launch and manage their own business, while creating a vibrant, equal workforce on their own terms.

The Rules Are Continually Evolving

The civil rights movement played a major role in reshaping equality in the workplace. The movement went well beyond the figurative fight for equality and ultimately creates substantial laws about hiring nondiscriminatory hiring practices and mandates for inclusion in the workplace. Plenty of issues still remain on the equal pay and opportunity front, however, and battle is always ongoing. The civil rights movement has resulted in some major improvements that are evident in the modern hiring process and workplace culture, but there's always further to go.

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About the Author

Zach Lazzari is a freelance writer with extensive experience in startups and digital advertising. He has a diverse background with a strong presence in the digital marketing world. Zach has developed and sold multiple successful web properties and manages marketing for multiple clients in the outdoor industry. He has published business content in Angling Trade Magazine and writes white papers and case studies for multiple corporate partners.

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Lazzari, Zach. "Definition of Equality in the Workplace." Small Business - Chron.com, http://smallbusiness.chron.com/definition-equality-workplace-14653.html. 24 January 2019.

Lazzari, Zach. (2019, January 24). Definition of Equality in the Workplace. Small Business - Chron.com. Retrieved from http://smallbusiness.chron.com/definition-equality-workplace-14653.html

Lazzari, Zach. "Definition of Equality in the Workplace" last modified January 24, 2019. http://smallbusiness.chron.com/definition-equality-workplace-14653.html

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